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HomeMy Public PortalAbout2007-02-13 PLANNING COMMISSIONcity of ~~~~~~ i ~ City vtAeeting C{taPPenges "`""`°"""" 71330 BULLIS ROAD t O~ D D l LYNWOOD, CALIFORNIA 90262 (310) 603-0220® A~7EN®A LYiVlit!®®® PLAiVNIIVG C®MMISSI®n! NBEETING CITY HALL C®UBVCIL CHAN96ERS ~~,~ 11330 BULLIS R®A® LYIVW®O®, CA 9®262 February 13, 2®®7 6.3® r oM• PLANNING COMMISSIONERS Victor Gomez Chair Dr. Carlos Manlapaz Lourdes Castro-Ramirez Commissioner Vice Chair Kenneth West Rita Patel Commissioner Commissioner i;~tm: Ci l"f;l ,.,,.... „ ;,.ce ~~ ~r~ ~`p~fi~'Sl~~;i~lg-i`~i~1~~v~~~ ?- ~~ ,~L~"4.ly s. Jim Morton Commissioner Juan Enciso Commissioner COMMISSION COUNSEL Law Offices of Beltran & Medina Arnoldo Beltran STAFF Grant Taylor, Director Jonathan Colin, Development Services Dev. Services Manager Kimberly Gonzalez, Administrative Analyst I Karen Figueredo, Planning Assistant HdWORDFlLEWLM'NINCpAGENDNfcb IJ 200Ldoc - ~ - OPENING CEREf~ONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: January 9, 2007 SWEARING IN SPEAi(ERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any public hearing item listed on the Planning Commission Agenda. CONTINUE® PUBLIC HEARINGS 7. Conditional Use Permit_ No. 2006-17. Tentative Parcel Map No. 2006-07 (64758 and Variance No. 2006-02 APPLICANT: Alex Benevides / Wiseman Dawoody 10820 Atlantic Avenue APN 6194-001-048 Proposal Request to construct a 6,065 square foot commercial building, one-story in height, consolidate five (5) lots into one (1) parcel and reduce side and rear yard setbacks from five feet to zero feet on property located at 10820 Atlantic Avenue in the C-3 (Heavy Commercial) zone. Recommendation Staff recommends that the Planning Commission approve the following zoning entitlements: 1) Adopt Resolution 3154 approving Variance No. 2006-02; and 2) Adopt Resolution 3155 approving Conditional Use Permit No. 2006-17; and 3) Adopt Resolution 3156 approving Tentative Parcel Map No. 2006-07 (64758). H'.\WORDEILE\PLANNINGUGENDAVebl3,'_00] doc - ~ - NEW PUBLIC liEA9tINGS 8. Conditional Use Permit No. 2007-01 APPLICANT: Neil Smith and Cory Sims 3246 Euclid Avenue APN 6176-010-012 Pro osal Request to develop two (2) attached residences (duplex), two-stories in height, with a new detached two-car garage on the rear of the property located at 3246 Euclid Avenue in the R-3 (Multiple-Family Residential) zone. The existing residence and four-car garage at the front of the property would remain. Recommendation Staff recommends that the Planning Commission open the public hearing and continue the item to the next regular meeting. 9. Conditional Use Permit No. 2007-02 and Variance No. 2007-01 APPLICANT: Adolph Lopez /Parents Interested in Education (PIE) 3200 Mulford Avenue, Suite 202, Building A-1 Plaza Mexico Shopping Center Proposal Request to establish and operate anon-profit private school to provide tutoring services assisting adults to obtain their high school diploma. The school would be located within a 1,600 square foot tenant space in the Plaza Mexico Shopping Center at 3200 Mulford Avenue, Suite 202 in the CB-1 (Controlled Business) zone. The application requires a variance to reduce parking to less than one stall per 200 square feet of building area. Recommendation Staff recommends that the Planning Commission adopt Resolution 3165 approving Conditional Use Permit No. 2007-02 and adopt Resolution 3166 approving Variance No. 2007-01. H:AWpRDPILFV`CANNINGAACE4DAAfeb^,^_09),dnc -3- CONTINUED REG9.DLAR AGENDA 10. Status of Pacer Distribution Services - 2700 Imperial Hi4hwav Proposal For the Planning Commission to review the status of Pacer Distribution Services relevant to the mitigation plan to address impacts on neighboring residential properties. Recommendation Staff recommends that the Planning Commission review and discuss the mitigation plan and continue the item for thirty (30) days. 9VE1Rl REGULAR AGENDA ITEMS PUBLIC ORALS COMMISSION ORALS STAFF ORALS 1. Planning Commission Reorganization -March 13, 2007 AD]OURIIIMENT Adjourn to the regular meeting of the Lynwood Planning Commission on March 13, 2007 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. H'.AWORDFILEPLAKNING~iGENDAAfebl3 _~O).doc -4- ADEN®A ITEM # 5 .- MINUTES LYNW®®I) PLANNING C®MMISSI®N MEETING, January 9,2007 The Lynwood Planning Commssion meC in regular session in the City Hall Council Chambers. Vice Chair Castro-Ramirez called the meeting Co order at 6:38 p.m. Commissioner West led the flag salute. Vice Chair Castro-Ramirez requested the roll call. Director of Development Services Taylor called roll. Vice Chair Castro-Ramirez presiding. Commissioner's Patel, Manlapaz, Enciso and Morton answered the roll call. Absent at the time was Chair Gomez. Also present were Planning Commission staff liaisons Deputy City Attorney Tara Taguchi, Director of Development Services Grant Taylor, Development Services Manager Jonathan Colin and Planning Assistant Karen Figueredo. Vice Chair Castro-Ramirez inquired if the agenda had been duly posted. Director of Development Services Taylor stated Che agenda had been duly posted in accordance with the Brown Act. Item #5: MINUTES -December 12, 2U06 Vice Chair Castro-Ramirez announced agenda Item #5, Minutes of Che December 12, 2006 Planning Commission meeting and asked if there were any revisions. Motion by Commissioner Morton to approve the Minutes of December 12, 2006, seconded by Commissioner Patel. Vice Chair Castro-Ramirez requested roll. Director of Development Services Taylor called roll and die motion to approve passed 6-0. Item #6: Swearing In Speakers Vice Chair Castro-Ramirez requested Comnssioner Encino to swear in citizens wishing to testify. Commissioner Encino swore in all citizens wishing to testify on any agenda item. Development Services Manager Colin translated swearing in to Spanish. Item #7 Redevelopment Presentation Vice Chair Castro-Ramirez announced Item #7 and requested a presentation from Redevelopment. Director of Development Services Taylor introduced Redevelopment Director William Rawlings. Mr. Rawlings presented an overview of the Redevelopment Department, divisions and programs. Mr. Rawlings discussed the Lynwood Promenade Project that includes a power center and football stadium. Commissioner Encino inquired how the City reviews projects. Mr. Rawlings stated Redevelopment rates the projects based on proposed businesses, fimding gap, benefits to the Ciry, jobs created and sales tax. Chair Gomez arrived at 6:55 p.m. Commissioner West inquired about the promenade project as to where we are, scale back the projecC and the use of enunent domain. Mr. Rawlings stated at the last City Council meeting the Council reviewed an item to rescind the Exclusive Negotiating Agreement (ENA) and Che motion failed on a 2-2 vote Mr. Rawlhigs stated that the City Council referred the matter back to the Redevelopment Committee for fiu~ther consideration consisting of Mayor Pro Tem Pedroza and Council Member Johnson. Mr. Rawlings said the Committee will consider redesign of the project and the developer will have to negotiate sales agreement with property owners. Commissioner West inquired about the Alameda Triangle project. William Rawlings stated the "Casa Grande" housing project is on-going with staff reviewing site contamination and provisions in Che ENA. Commissioner West inquired if any other sites have soil contamination, dialogue with Caltrans, frequency projects are reviewed. William Rawlings stated there are no other contaminated properties to his knowledge, working with Caltrans Co receive their soils report and RedevelopmenC reviews the project once at the beginning. Vice Chair Castro-Ramirez inquired about the Fernwood Estates Project status citing problems with the Tract Map and financing. William Rawlings stated the developer is working with Los Angeles Cotmty Public Works to complete the Final Tract Map. Vice Chair Castro-Ramirez inquired about the enterprise zone. William Rawlings stated Lynwood teamed with South Gate and was awarded enterprise zone status that provides tai: breaks and incentives. Commissioner Morton inquired about big box projects, South Gate projects. William Rawlings stated Redevelopment is looking to attract a balance of land uses and project sizes including big box projects. Chair Gomez requested that Mr. Rawlings define "big box" for the audience. William Rawlings stated a big box project is a large retail business that anchors a shopping center with smaller support retail uses. Commissioner West inquired abonC over saturation of uses in cities. William Rawlings said developers perform studies to determine market demand of various land uses prior to proposing to the City. Vice Chair Castro-Ranurez stated Lynwood needs to pLUSUe projects that will create a base to capture sales tax dollars. The item was received and filed by general consensus. CONTINUED PUBLIC HEARINGS Item #8: Conditional Use Permit No. 2006-17, Tentative Parcel Man No. 2006-07 (64758) and Variance No. 2006-02 APPLICANT: Alex Benevides / Wiseman Dawoody 10820 Atlantic Avenue APN 6194-001-048 Chair Gomez announced continued public hearing agenda item #8 and requested the staff report. Development Services Manager Colin presented the staff report and stated the applicanC is requesting approval to construct a 6,065 square foot commercial building, one-story in heighC, consolidate five lots into one parcel, and reduce side and rear yard setbacks from five feet to zero feet on property located at 10820 Atlantic Avenue in the C-3 (Heavy Conunercial) zone. Mr. Colin recommended tabling the item as the applicant missed the Site Plan Review Committee meeting, has not received Fire Department approval, has not provided landscaping and irrigation plans and has not provided a rendering. Mr. Colin stated Che applicant is present in the audience and has requested one snore continuance for 30 days. Chair Gomez asked his colleagues their recommendation. Commissioner WesC suggested continuing for 30 days. Vice Chair Casri•o-Ramirez suggested continuing for 30 days. Commissioner Enciso requested the applicanC to testify. Chair Gomez opened the continued public hearing and requested the applicant to testify. Wiseman Dawoody, ?? inaudible, Beverly Hills is the owner and spoke in support of the project. Mr. Dawoody stated he would make sure all requirements were addressed within 30 days and would obtain Fire Department conceptual approval and provide plans. Mr. Dawoody apologized for engineering issues. Commissioner Manlapaz inquired about the applicants last contact wifl~ staff. Mr. Dawoody stated he had exchanged e-mails with staff and said his engineer had not been responsive. Commissioner Encino inquired how close to completion of City and Fire Department requirements was he. Mr. Dawoody stated he was near completing plans for the City and obtaining Fire Department conceptual approval. The item was continued by general consensus. NEW PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA Item #9: Status of Pacer Distribution Services - 2700 Imperial Highway Chair Gomez announced regular agenda item #9 and requested a staff report. Director of Development Services Taylor presented the staff report based on citizen complaints of noise and after hours of operation, staff is requesting that the Planning Connnission review and discuss the status of Pacer Distribution Services and provide recommendations. Mr. Taylor stated Pacer Distribution is a truck operation consisting of a X25,000 square foot warehouse that was approved in 1998. The complaints from neighbors include loud noises from trucks loading and unloading at all hours of the night and early morning. Mr. Taylor stated staff has conducted inspections, taken photographs, noise readings and met with Pacer representatives in an effort to mitigate the impacts. Staff has forwarded letters to Pacer and has requested that Pacer perform the following measures: • Not store, load or unload trucks or trailers near residential properties; and • Not store, load or unload trucks or trailers and create excessive noise between 10:00 pm and 7:00 am; and • Notify employees, customers and vendors to show consideration for the residential properties and keep noise to a minimum; and • Consider erecting a solid block wall along the residential property lines to mitigate noise and visual impacts. Pacer submitted ,a mitigation program that addressed staff requests. Staff is recommending that the Planning Commission provide input and allow 60 days for the mitigation plan and staff would return the item with recommendations. Mr. Taylor stated the President and Vice President of Pacer are in the audience to testify. Chair Gomez opened the hearing and requested the Pacer representatives to testify. Kent Prokopf, President, Trivita Road, Irvine, CA spoke on behalf of Pacer. Jose Tobias, Vice President, Yearfold Street, Trabuco Canyon, CA spoke on behalf of Pacer. Mr. Prokopf stated he and Mr. Tobias are working with City staff to remedy noise problems, summarized the business operations at Pacer, identified how the Port of Los Angeles is encouraging night time pickups to reduce traffic and the Harbor Commission provides pier passes from 6:00 pm to 4:00 a. m.. 85% of the pickups are in the evening hours. Mr. Prokopf discussed the mitigation plan and how the plan would: Reduce noise between 1 1:00 pm and 6:00 am.; e No trucks in or out after ll :00 pm or before 6:00 a.m.; ® After hours drops offs will be taken to Compton; o Employees and vendors will be educated on noise impacts on residences. Mr. Tobias stated Che facility has 88 doors and Pacer will move operations away from Che residential zone toward Philadelphia Gear whenever possible. No trucks will be stored adjacent to the residences and Pacer would strive to improve relations with the neighbors. Mr. Prokopf did not know why there was no sound wall next to the residences but said they are working with the property owner to install a sound wall. Mr. Prokopf stated Pacer is working with Caltrans Co obtain excess property under the freeway near Imperial Highway to move trailers away from residences. Mr. Tobias stated Pacer is attempting to purchase the Caltrans property at an auction to provide storage area away from residences. Chair Gomez allowed residents to testify. Adolph Lopez, 11431 Plum Street stated the mitigation plan is good but it's too little too late. Mr. Lopez stated there are noise and carbon monoxide problems and the business should be closed down. Stated he has forwarded complaints to the authorities and will seek court remedies. Rosalinda Yirez, 11441 Plum Street stated she has complained to Che City for Che last five years about noise and parking, wakes up every night to noise, ground vibrations and fumes. Maria Garcia, 11.431 Plum Street invited staff and Planning Commission to visit her home to hear and see the business operations. She said Che trucks are too close to the homes and businesses should receive resident approval before operating. Vice Chair Castro Ramu~ez inquired about closing access on the east end of the property and the distance of the building to the residences. Commissioner Enciso inquired about the effective date of mitigation plan and if the owner would build a block wall. Mr. Prokopf said they have removed trailers from near the residences but he needs the area for vehicle access as there is only one way in and out. A single poinC of entrance is required by the State. The plan became effective January 5, 2007. Commissioner Manlapaz inquired about Chc number of trucks. Vice Chair Castro Ramirez inquired about the amounC of space for access and maybe installing trees and green space to screen. Commissioner Enciso inquired when the company began and how many complaints he has received. Mr. Prokopf said no trucks are stored on-site only trailers, there are 84 doors with two trucks per door, landscaping could be installed, the business began in 2000 with five year leases and he has never received a complainC from the neighbors. Mr. Tobias stated he is responsible for implementation of the plan and he will follow up. Chair Gomez reminded Che Planning Commission that they can provide recommendations and cannot formally act. Adolph Lopez stated the trailers near the residential property lines have been removed but also wants trailers next to the building removed. Chair Gomez closed the hearing. Chair Gomez summarized options for enforcement and recommended that staff schedule a business license revocation hearing before the City Manager. Commissioner Manlapaz seconded t9~e motion for business license revocation. Commissioner West felt Pacer shorrid be given an opportunity to remedy problems prior Co revocation. Vice Chair Castro-Ramirez recommend the nutigation plan be implemented, report back to the Planning Commission in 30 days and report back in 60 days with recommendations and a review of the complaints. Chair Gomez inquired about staff costs and resources for enforcement. Director of Development Services Taylor summarized the item, reviewed the history and options stating the item was approved by Site Plan Review, distribution is permitted, the City should offer due process and not immediately revoke, if Pacer leaves another more obtnisive use can start and revocation will bring litigation. Mr. Taylor suggested implementing the mitigation plan, bringing back a status in 30 days and bringing back a final report in 60 days. Chair Gomez recommended notifying property owners. Director of Development Services Taylor stated the property owners could be notified for the report in 60 days. Commissioner Morton inquired about the code enforcement and business license revocation processes. Director of DevelopmentServices Taylor summarized the processes. Chair Gomez suggested inspections and monitoring evening hours. Director of DevelopmenC Services Taylor stated staff would monitor some evenings. Commissioner Manlapaz agreed to give Pacer a chance and notice the property owners for Che item in 60 days. Commissioner Enciso wants to help the community and thanked the Pacer representatives, supported due process and a report back. Vice Chair Castro-Ramirez agreed wiCh staff to bring the item back and voiced support for a block wall and buffered landscape area. Commissioner Morton concurred with landscaping. Deputy City Attorney Taguchi stated there was a motion on the floor. Chair Gomez rescinded his motion for business license revocaCion. Commissioner Manlapaz rescinded his seconded motion. Planning Commission by general consensus directed staff Co monitor, bring back item in 30 days for sCatus and bring back in 60 days for final report. Item #10: Summary of Planning Commission Entitlements 2006 Calendar Year Chair Comez announced new regular agenda item #10 and requesCed the staff report. Director of Development Services Taylor presented the staff report and summarized the entitlements for the 2006 calendar year to include 45 discretionary items, 13 regular items 65 public hearings, average of 5.4 items per meeting, approval of 180 new residences and 8 new commercial buildings. The item was received and filed by general consensus. PUBLIC ORALS NONE COMMISSIONER ORALS Comnssioner Morton Chanked staff for their efforts and said he enjoyed the Holiday Commission and Board dinner. Commissioner Enciso fllaulced the Planning Conuiussion and staff, welcomed Tara Taguchi and expressed concern over graffiti. Commissioner Manlapaz thanked staff and lus colleagues and requested to attend the Planning Commission training seminar in Los Angeles on February 1, 2007. Commissioner West inquired about the date of the national APA meeting, creeping fig wall vines instead of what the City has been using. Commissioner West also inquired about the property at 10911 Pine Street regarding fence height and type of conduit. Commissioner Patel thanked staff and Che Planning Commission and inquired if the City could match paint colors better to cover graffiti. Vice Chair Castro-Ramirez expressed concern about escalating graffiti in the City and requested to attend the Planning Commission seminar. Chair Gomez inquired about City Council reorganization of Boards and Commissions. Director of Development Services Taylor responded to Commission concerns by stating Public Works has been notified about the preference to use creeping fig and staff will reiterate the preference, staff will notify Quality of Life Department about matching paint colors when covering graffiti, staff issued the fence permit in error at 10911 Pine Street and the Building Inspector will address the conduiC. Mr. Taylor also will make reservations for the Planning Commissioner's seminar on February 1, 2007 in Los Angeles and Commissioners Castro-Ramirez; Manlapaz, Morton and Enciso requested to attend. STAFF ORALS Director of Development Services Taylor thanked staff for their time and effort and that the Commission and staff have grown and worked together well. Mr. Taylor stated the City Council has not addressed reorganizing the Boards and Commissions and it does not appear to be a priority. A~.T®~ Jfl2N1VIENT Motion by Commissioner Manlapaz to adjourn, seconded by Commissioner Patel. Chair- Gomez adjourned the meetin; at 9:22 pm. AGENDA ITEM #7 cuP N®. 2006-17 TPM NO. 2006-07 VAR NO. 2006-02 DATE: February 13, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE PERMIT NO. 2006-17 Tentative Parcel map No. 2006-07 (64758) Variance No.2006-02 Assessor Parcel Number 6194-001-048 APPLICANT: Alex Benavides/Wiseman Dawoody PROPOSAL This case was continued from the regular Planning Commission meeting held January 9, 2007. The applicant is requesting approval to construct a 6,065 square foot commercial building on property located at 10820 Atlantic Avenue in the C-3 (Heavy Commercial) zone. The project includes consolidating five lots into one parcel, and reducing side and rear yard setback from 5 feet to 0 feet. BACKGROUND The subject property is located on the east side of Atlantic Avenue between Abbott Road and Pendleton Avenue, Assessor Parcel No. 6194-001-048, in the C-3 (Heavy Commercial) zone. The subject property measures 151 feet in width by 120 feet in depth, totaling 18,371 square feet in area. ANALYSIS & DISCUSSION The applicant is requesting approval to develop a one-story 6,065 square foot commercial building that includes twenty seven (27) parking stalls, including one loading stall and two ADA accessibility parking. The project includes consolidating five lots into one parcel. Lynwood Municipal Code Section 25.25.10 (d) allows retail centers that serve community-wide needs and neighborhood needs. The Heavy Commercial district provides for commercial areas that include, amongst others, large retail uses, such as °big box" stores, furniture stores, appliance, and home electronics retailers, service commercial business, professional businesses, and restaurants. CADOniments and Settings\jwlinWiy Documen6VCUPSASgfptepmtVcnP~0061]ContimiWPinal.doc -1- The site plan indicates a one story structure that would provide 3,032.50 square feet in retail #1 Area, and 3,032.50 square feet in Retail#2 Area. The project provides a loading stall on the north side of the parking lot, and two handicap parking stalls on the south side. The site plan also shows that the project would provide 1,645 square feet of landscaping, which constitutes 8.95% of the gross lot area. The project would necessitate a major variance to reduce the rear and side yard setback from 5 feet to 0 feet. The variance procedure is provided pursuant to Section 6906 of the California Government Code to grant relief from zoning provisions when due to special circumstances a property may not enjoy privileges enjoyed by other properties in the vicinity under the identical zoning classification. Lynwood Municipal Code Section 25.135.020 allows proponents to apply for a variance when the project deviates from the zoning code. The applicant is proposing to consolidate five lots into one parcel. The subdivision map would be in compliance with the State Subdivision Map Act and Chapter 24 of the Lynwood Municipal Code. DISCUSSION -VARIANCE The Lynwood Municipal Code Section 25.135.060 sets forth six (6) findings that the Planning Commission must make to approve a variance. Following are the findings in bold followed by staff determinations. a. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The property is rectangular in shape and consistent with other properties in the vicinity and within the C-3 zone that do not have side and rear yard setbacks. b. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. Many properties in the vicinity or same zone have businesses that do not meet the minimum 5 foot side and rear setback requirement that were constructed with proper entitlements and permits. C.AD000men~c and SeuingsywlinAMy DocumcrosACUPsASo~tkeportVcup_OObi ]Comi~ceAFfnol.dac _2_ c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Construction of the proposed structure without the minimum setback requirement does not comply with zoning standards and will comply with building codes, subject to engineering plan check. d. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The property meets the minimum required development standards to include parking, and density, except for the side and rear setbacks. e. That the Variance does not grant special privilege to the applicant. Other businesses in the C-3 (Heavy Commercial) zone posses the same characteristics as those granted by the variance. f. That the Variance request is consistent with the General Plan of the City of Lynwood. Decreasing the setbacks to 0 will allow the building to be consistent with the General Plan of the City of Lynwood Land Use and Economic Development Elements. FINDINGS REQUIRED FOR GRANTING A CONDITIONAL USE PERMIT Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings that the Planning Commission must make in order to approve a conditional use permit. Following are the findings and staff determinations in bold: a. That the proposed conditional use permit is consistent with the general plan. The commercial center is consistent with the General Plan and C-3 zoning and land use designations. The project is consistent with goals and policies set forth in the General Plan land use element and economic development element. OADOCUmems and Settingsycolin6Ny DocunwnuVCUPS\St,flRuponVcu~30061 ]CantinuedFinslAoa -3- b. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; A commercial building may create significant impacts on properties in the vicinity. Conditions of approval set forth in Resolution 3155 would mitigate potential impacts to insignificant levels. c. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed site is of adequate size and shape to accommodate the proposed use and satisfy development standards. d. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project will comply with all provisions of the Lynwood Municipal Code to include use, parking, landscaping and the reduction in the side and rear yard setback will be addressed in Resolution 3154. r e. That the proposed conditional use observes the spirit and intent of this zoning code. The project would comply with all development standards set forth in the LMC. In addition, conditions of approval will mitigate potential impacts. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposal to be categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15303 (c) of the State Guidelines, as amended. RECOMMENDATION Staff recommends that the Planning Commission open the public hearing, accept any public oral or written testimony, and approve the following zoning entitlements: 1) Adopt Resolution 3154 approving Variance 2006-02 2) Adopt Resolution 3155 approving Conditional Use. Permit No. 2006-17 QVDOmmenu end SaOngeAjwlinAMy UoaunniaANPSAS~nlflteponlcup3000.~ )ContinuedFinnl.doe -4- 3) Adopt Resolution 3156 approving Tentative Parcel Map No. 2006-07 (64758) Attachments: Property Profile Location Map Resolution 3155 -CUP Resolution 3154 -VAR Resolution 3156 - TPM Proposed Plans (Site plan, Elevations) GVDocumenls and SettingsVjwlLnA.A1y DonimrntyACUPS\StnfOtegntlAcup2006-19Conlinued Pinaldoc -5- PR®]EC~ PR®FILE Conditional Use Permit No. 2006-17 10820 Atlantic Avenue Assessor Parcel Number 6194-001-048 1. Source and Authority Lynwood Municipal Code (LMC) Appendix A permits construction of commercial facilities in the C-3 (Heavy Commercial) zone subject to a Conditional Use Permit; LMC Section 25.130.050 sets forth findings for Conditional Use Permits; LMC Section 25.135.060 setforth findings fora variance and LMC Chapter 24 regulates subdivisions. 2. Property Location and Size The proposed project will provide a 6,065 square foot commercial building, one- story in height, with twenty-seven parking stalls. The project includes consolidating five lots into one parcel and reducing side and rear yard setbacks from 5 feet to 0 feet. d 3. Existing Land Uses The site is developed with cone-story commercial building that will house multiple tenants. The surrounding land uses are as follows: Site Developed North: Commercial South: Commercial West: Atlantic Avenue then Commercial East: South Gate C~ocumun~s and SttfingeAjcolfnVNy DoninunnVCUPS\StvfFlteponVcup200G1]COntinuW NinaLdoc -6- 4 5 6 7 Land Use Designation The subject site has a General Plan Designation of Commercial, and C-3 (Heavy Commercial) zoning. The adjacent property designations are as follows: Site General Plan North: Commercial South: Commercial West: Commercial East: South Gate Zoning C-3 (Heavy Commercial) C-3 (Heavy Commercial) C-3 (Heavy Commercial) Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolutions 3155 and 3156. F Code Enforcement History None of record at the time of this report Public Response None of record at the time of this report. C:Nou~mew.a and Settings\jcolinAMy DocumentsVCUPS~SmffRepottVcup^_OOG~ )ConlinuedPiunldoc - / - ~~~~~~~ f-'..} ~,_ m ^,~"u'C. ~.~ ~J (_` i 4../ iM Q ~W A~3 >3 ~Aj _ es:e sce- !i 3 _, tl b'_ ;~-~ ~, W -'t_113 17 F ' ~'X ~ 'ate °' 2.! / ~54 /a J I.A - „ p ~y n , ~~ Cz)a 3, ~, 1.3xs ~ ~ . , , V -__ -Q IS > ~i._ - 39 1a emu. Q ~3 T ~55 v~ -~' i- ~ ~ _ =cex_ X40 19 d /,.' A Nr. a, ~s.1 3i ' ~ .,6 a ~ i7 ~ ~ / ~ ~ • ~~S 22 e_ r xr, u` ice + ,3m, qi 20 ^ 3 A N-4j ~ h ~.i*'~4 ' //~~~~ C~®.J V f ~_PENDELTO p ~4cr.H' (Y~ tU 5 ./3 [C9 ~ uSL u:~, ~" ~ i A • 3 .b 0 ° i "_ a ~ w9. 39 ?"' k. < .Q S iSj5~8 u ro UF ~ ^"v 3 Je. 9 - e , . ,_ _~ 1 - rti CASE No.: %DP 2006-17' SITE ADDRESS: 10820 ATLANTIS AVENDE APPLICANT: ARAD70 DESIGN 300' RADIUS MAP ~ 500' RADIUS MAP [ RESOLUTBON NO. 3154 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2006-02, REDUCING SIDE AND REAR SETBACKS FROM 5 FEET TO 0 FEET IN CONDUCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE IN THE C-3 (HEAVY COMMERCIAL) ZONE, FUTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning commission, pursuant to law, on February 13, 2007 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. There are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. E. The variance will not grant special privilege to the applicant. C:ADocnmGas and SeaingsAjmlinUAy DwumenieACUPSARCSOSVruo315Y.dac F. The variance request is not consistent with the General Plan of the City of Lynwood. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2006-02, subject to all conditions, restrictions and limitations set forth as follows: CONDITI06VS OF ~4PP9tOVAL DEVELOPMENT SERVICES DEPARTMENT 1. The variance must be acted upon within one-year. The variance shall become null and void 365 days from the date of approval if not acted on within this period. One extension of one (1) year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Planning Commission. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. BUILDING AND SAFETY DIVISION 30. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. The Uniform Building Code - 2001 edition; - The Uniform Plumbing Code - 2001 edition; - The Uniform Mechanical Code - 2001 edition C'.\DOaimenls and Servings\jeolin\My DowmwB\CUPe\Resos\reso315ndoc q The Los Angeles County Fire Code - 2001 edition; - The National Electric Code - 2004 edition; All as amended by the California Building Code of 2001. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 7. The applicant shall comply with all conditions set forth by the Lbs Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Fire Department approval is required prior to the issuance of Building Permits. Section 3. A copy of Resolution 3154 shall be delivered to the applicant. APPROVED AND ADOPTED this 13th day of February, 2007 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department c.~~oc~~ms ova se~e~~~y~or~nmy oo~~m~~u~cues~xeso,wyoaisa eon 3 Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Arnoldo Beltran, City Attorney Planning Commission Counsel RESOLUTION 3155 A RESOLUTION OF THE PLANNING COMMISSION OF THE CYTY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2006-17 TO CONSTRUCT A COMMERCIAL BUILDING AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194- 001-048, CITY OF LYNWOOD, COUTNY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 13, 2007 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15303 (c). Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation for the subject property is Heavy Commercial which is consistent with the C-3 zoning designation. The project is consistent with the Lynwood General Plan policies and goals in the Land Use Element. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The project would be consistent with the C-3 zone development standards to include but not be limited to building height, landscaping and parking. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The site is appropriate in size to allow the operation of the proposed land use. c~oou~mcros ~~e seu~oPy~~G,r~~~ny ooo~m~~~,~cues~x~~~a,oaissaoo D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with development standards set forth in the LMC. A variance for side and rear yard setbacks is required. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with development standards set forth in the LMC and is a permitted use in the C-3 (Heavy Commercial) zone. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2006-17, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any permits. C moamnns end SeuingsVjcolinUAy DonimrniaVCL'PS\0.esos\rcsu315idoc 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. Landscaping shall be a minimum of seven percent (7%) of the gross lot area. Such landscaping and a permanent irrigation system shall be installed in accordance with landscaping/irrigation plans approved by the Development Services Department, Planning Division prior to issuance of building permits. 8. All tenant spaces shall have restroom facilities in compliance with ADA standards. 9. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing approved fencing, the applicant shall obtain a permit from the Planning Division. 10. Acoustical construction materials shall be used throughout the unit to mitigate noise to the standards and satisfaction of the Building and Safety Division. 11. The applicant shall submit a materials and color board sample to the Development Services Department, Planning Division prior to submitting for building plan check. Building colors shall consist of earth tone or neutral colors. Trim and architectural features may have brighter colors. The applicant shall obtain a paint permit and comply with colors approved by the City of Lynwood. 12. All driveway and parking areas shall be paved with concrete and permanently maintained. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with ADA standards. 13. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets 14. Any artificial light shall be directed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. GVDOn~mems and Sutin6sVjcolLnAMy DocumrnuVCUPS\Resos4eso3155.doo ~ 15. A solid block wall six-feet (6') in height shall be maintained along the side yard property lines. Plans shall be submitted and permits obtained from the Development Services Department prior to installation of fencing. 16. Refuse Storage Areas: Garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable containers, as may be approved by the Director of Development Services. Such containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry and equipped with a latched gate. The wall should be six feet (6') in height. 17. No banners, flags, balloons or any type of temporary signage shall be permitted at any time. 18. The applicant shall secure refuse service from the City contracted company. 19. The applicant shall secure water service from the City of Lynwood. 20. All tenants shall obtain a business license prior to signing lease agreements. PUBLIC WORKS/ ENGINEERING DEPARTMENT 21. Construct 24" wide gutter and curb and asphalt pavement along properly frontage on Atlantic Avenue. 22. Construct new drive approach(es) per APWA standards (2). 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City'approved contractor shall verify the size of such lateral and shall provide proof of its integrity y providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 24. Install two (2) 36" box street tree(s) per APWA standards along Atlantic Avenue. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. 25. Underground all utilities. CADOn~mans vnd SeufngsVjcolin4Yly DOCUmatlsVCUPSAResas\reso3155.doc 4 26. A permit from the Engineering Division is required for all ofF-site improvements. 27. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1'~ in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. 28. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Environmental Services, Division of Public Works. 29. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067. BUILDING AND SAFETY DIVYSION 30. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. - The Uniform Building Code - 2001 edition; - The Uniform Plumbing Code- 2001 edition; - The Uniform Mechanical Code - 2001 edition The Los Angeles County Fire Code - 2001 edition; - The National Electric Code - 2004 edition; All as amended by the California Building Code of 2004. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. CVDOa~men~s and Settings\jcoiioAMy Documrn~ACUPSANUOSVreso3155 doc LOS ANGELES COUNTY FIRE DEPARTMENT 31. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 32. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 33. Private driveways shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 34. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. 35. The Fire Department recommends DENIAL of this project as presently submitted. This recommendation may be changed to an approval if the following conditions are appropriately addressed: The proposed driveway approach for ingress and egress shall provide a minimum unobstructed width of 20 feet each, and clear to sky. Indicate compliance and resubmit for review/approval. 36. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Fire Department approval must be obtained prior to the issuance of building permits. Q~DONO¢115 and Sdtings§wlinAMy Dncm~wvitcVCUYS\Nems\rcso35Sdoc Section 3. A copy of Resolution 3155 shall be delivered to the applicant. APPROVED AND ADOPTED this 13th day of February, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: f APPROVED AS TO CONTENT:. Grant Taylor, Director Development Services Department Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Arnoldo Beltran, City Attorney Planning Commission Counsel Ci~ocunvias and SCUingsVjcolin~Ny ~oamu~tsVCUPS\Nesos4eso3155Aoc DES®LUrao~ 3i5~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2006-07 (64758), CONSOLIDATING FIVE (5) PARCELS INTO ONE (1) LOT IN CONJUNCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194- 001-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, on February 13, 2007 conducted a public hearing on the subject Tentative Parcel Map application; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15315; and WHEREAS, the Planning Commission has carefully considered all oral and written testimony offered at the public hearing. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The Tentative Parcel Map satisfies all requirements and conditions set forth in the State Subdivision Map Act and the Subdivision Regulations of the Lynwood Municipal Code, Chapter 25 and Section 25-180. B. The proposed Tentative Parcel Map is consistent with the applicable goals and policies of the Lynwood General Plan and the Lynwood Municipal Code. C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. CVDocuments and SaltineAjcoiin~[v[y DocumentsVWPsAResos\rcso31i6.doc 1 D. Proper and adequate provisions are available for all public utilities and public services. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Parcel Map No. 2006-07 (64758) subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and the requirements of all other City Departments to include but not be limited to Planning, Building & Safety, Redevelopment and Public Works Department. 2. The applicant, or his/her representative, shalt sign a Statement of Acceptance stating that he/her has read, understands and agrees to all conditions imposed by the Planning Commission, before any building permits are issued. PLANNING DIVISION 3. Within twenty-four (24) months after approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel Map, as conditionally approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. The applicant shall comply with all conditions set forth in the approval of Conditional Use Permit 2006-17. 5. The Tentative Parcel Map shall be filed with the City Engineer, Department of Public Works of the City of Lynwood. DEPARTMENT OF PUBLIC WORKS 6. All conditions of the State Subdivision Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of z Department of Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 7. Submit a Subdivision Guarantee to this office. The final map shalt be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of centerline ties. Enclose with the final map the surveyor's closure sheets. 8. Developer shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducible mylar, tract map prior to recordation. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving utilities to be met or guaranteed prior to recording of the final map. 9. A drainage plan shall be submitted for the approval of the Director of Environmental Services/City Engineer. Off site drainage easements may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Environmental Services/City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Environmental Services/City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this office a Geologic/Soils Report signed by a Registered Soils Engineer. 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Environmental Services/City C:ADocmnents and Settings\jwlinVvty DocumentsVCUPs~RasosVraso3156.doc 3 Services/City Engineer. 11. The Developer shall construct a water system including water services, fire hydrants and appurtenance though the development as required by the Director of Environmental Services/City Engineer. The Developer shall submit a water system plan to the Los Angles County Fire Department for fire hydrant locations. The Developer shall install and provide at his/her expense all required water meters per City of Lynwood Plans/Spects. The Developer shall install on-site water facilities including stubs for water and fire hydrants on interior and on boundary arterial streets. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 12. Where drainage, sewer and other such easements are required, the minimum easement width shall be ten feet (10') to facilitate maintenance unless otherwise approved by the Director of Environmental Services/City Engineer. 13. Design, configuration and locations of sidewalks shall be subject to the approval of the Director of Environmental Services/City Engineer, and the Director of Development Services. Ramps for physically handicapped persons shall be provided both on-site and off-site as required by State and local regulations. 14. Prior to the issuance of demolition or grading permits, the developer shall: a. Submit a plan indicating safety methods to be provided to maintain safe pedestrian ways around all areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Development Services. 15. The Developer shall install all public improvements, as required by the Director of Environmental Services/City Engineer prior to issuance of any occupancy ermits for this development. Public Improvements shall include but are not limited to: a) Construct 24" wide gutter and asphalt pavement along property. 4 b) Reconstruct damaged and substandard drive approach(es) per APWA Standard. All changes and repairs in existing curbs, gutters, and sidewalks and other public improvements shall be paid for by the developer. If improvements are to be guaranteed, a faithful performance bond shall be posted by the developer to guarantee installation of said public improvements and an agreement for completion of improvements with the City Council shall be entered into. Submit policy of Insurance or bond protecting city against damage or injury to person or properly growing out of, related to, or resulting from improvements or work. The Director of Environmental Services/ City Engineer will determine amount and form. Deposit with the Director of Environmental Services/ City Engineer before commencing any improvements, a sum estimated by the Director of Environmental Services/ City Engineer to cover cost of inspection of all improvements under his jurisdiction. BUILDING AND SAFETY DIVISION 16. All construction shall meet or exceed the minimum building standards that are reference in the following codes: The Uniform Building Code-2001 edition; The Uniform Plumbing Code - 2001-edition; The Uniform Mechanical Code - 2001 edition; The Los Angeles County Fire Code -2001 edition; The National Electrical Code - 2004 edition; All as amended by the California Building Code of 2001. In cases where the provision of the California Building Code, the City of Lynwood Municipal Code, or the plans or specification in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 17. The applicant shall comply with all conditions and regulations set forth by the Los Angeles County Fire Department. Contact Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4125. Fire Department approval must be obtained arior to the issuance of building permits. C:ADocumems and Sel[iugsywlin\My Docunieufs~CUPs\Resostreso3Ufldoc 5 Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED and ADOPTED this 13th day of February, 2007, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director of Development Services Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Arnoldo Beltran, City Attorney Planning Commission Counsel 6 AGENDA ITEM #8 CUP NO. 2007-01 DATE: February 13, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services BY: Karen Figueredo, Planning Assistant SUBJECT: CONDITIONAL PERMIT No 2007-01 3246 Euclid Avenue Assessor Parcel Number 6176-010-012 APPLICANT: Neil Smith & Cory Sims PROPOSAL The applicant is requesting approval to develop two attached residences (duplex), two- stories in height, with a new detached two-car garage on the rear of the property. Each residence consists of three bedrooms, two and a half baths, two stories in height. The existing residence and four car garage at the front of the property would remain. The subject property is located at 3246 Euclid Avenue, Assessor Parcel Number 6176-010- 012, in the R-3 (Multiple-Family Residential) zone. ANALYSIS & DISCUSSION The subject property totals 12,383 square feet in area and is located on the south side of Euclid Avenue between Alpine Avenue and Oak Avenue. Each residence shall provide atwo-car garage. Each enclosed parking stall shat! provide 20' x 20' interior clear dimensions. Two open guest parking stalls shall be provided. The site plan indicates the property measure 50 feet in width by 247 feet in depth totaling 12,383 square feet with the existing driveway providing a minimum of ten feet (10') access. Floor plan identifies two detached 1,488 square feet residences units consisting of three-bedrooms and a detached 2-car garage. The Lynwood Municipal Code allows a maximum density of 18 units per acre or one (1) unit per 2,420 square feet of property area. The property is sufficient in size to accommodate a maximum of five (5) residential units. Staff is waiting for Fire Department review and conceptual approval. ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 (B). RECOMMENDATION Staff recommends that the Planning Commission open the public hearing and continue the item to the next meeting. Attachments: 1. Project Profile 2. Location Map 3. Resolutions 3164 4. Plans -'- P~®~ECT ~R®FYLE Conditional Use Permit No 2007-OS 3246 Euclid Avenue (APN 6176-010-012) 1. 2 3. Source and Authoritv Lynwood Municipal Code (LMC) Section 25.20 sets forth development standards in residential zones and LMC Chapter 24 sets forth subdivision regulations. Property Location and Size The subject property totals 12,383 square feet in area. The project proposes to develop two (2) attached residences (duplex), two stories in height, with detached two-car garages. Existing Land Uses Site Developed North: Multi-Family Residential South: City of Compton West: Multi-Family Residential East: Multi-Family Residential 4. 5 Land Use Designation The subject property has a General Plan Designation of Multi Family Residential and the current zoning is R-3 (Multi Family Residential). The adjoining properties General Plan and Zoning designations are as follows: Site North South West: East: General Plan Multi-Family Residential City of Compton Multi-Family Residential Multi-Family Residential Zonino R-3 (Multi-Family Residential) R-3 (Multi-Family Residential) R-3 (Multi-Family Residential) Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3164. -3- 6. Code Enforcement History Massive discard items and storage at the rear of property shall be removed. 7. Public Response None at the time of this report. -4- ~~~~~~ .r;,~y'rl __.. I i .,:. .._.._.. ~'~ '-~ ,I ~z l ~, ):~ I ~ ! ~ 1 ~ ' ~, I ~~ ~~~ ~ ~ ~~= 'i t n r~, ~ t ~i ~-~~ I ~~~, .. ;:. I ' , i a i `~' ~ .~ tF 1 I l i 1 I I y 6 I 13~ 1~) ~ i 1 I (~ J ~~ t-.. t,f ~ t I 1 ~ .f ~ I Is ride ~ ,;jl ¢. ~ .-y~. r. I ~ I ~ I ,_-- ,_ i .~ z .,. j , I=I ~ '' • I ~, t :~ ~ ~ ~ ~ ~ i ~.;} . } i~ _ .. ,EUCa-iSJ __ _ _.-'_ .__., -.~ _ _. _.__. s ~ ~ ~ ~ ~ ~ ~~ ~~: ~ . =- E I i ~ I ~ I ~ ~ !~ I 1 I /vl~.. n i mi nI ~ pl ni I ( Yi ~ i i+ ~ ~ 0~115]~ AAA ~ ~ N ~ ~ I ry >ul off/ ~ ~ °'~ )N yto) 1~1~8 "~ b,. ~ ~~t I !I h ~tlnJ (_J ~ ~~ ~-1 ~ f'-r.i....r_~~. ~ l~ ~ s ~IL ~ ~II 't y sl ~ 7~a73 `9JI~i~-/J ~ ~V \i~ Itin f~' I J JI I. I _ is ~`_~ ~ ".f j If Sin Nm~M1 It7! ~lf~lij~~l pl ~,`~ I am ~i N =. _ _ L f 1 ~~ ~ ,I II v 1, , L" ! ~ I I ~. n "7~~N~I~n~ - ~ ~ ._ i _ , . 3i! ! t ''it I ~ I i ! ~ t -~.- i ~! rl~ ~ ~ .i ~ ~ I ~ n ! t .~ j4~ VI ~i 2. a .i . C s ~ l CASE No.: SDP 2007-O1 SITE ADDRESS: 3246 EII~LID AVENDE APPLICANT: Neil Smith 300' RADIUS MAP [ 500' RADIUS MAP [ ] RESOLIITIOf~ 33.64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVYNG CONDITIONAL USE PERMIT NO. 2007-02, TO CONSTRUCT TWO (2) ATTACHED RESIDENCES (DUPLEX), TWO -STORIES IN HEIGHT, WITH A DETACHED TWO-CAR GARAGE ON PROPERTY LOCATED AT 3246 EUCLID AVENUE, ASSESSOR PARCEL NUMBER 6176-010-012, IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 13, 2007 conducted a public hearing; and WHEREAS, the Planning Commission considered all testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(e); therefore Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation for the subject property is Multi-Family Residential that is consistent with the R-3 zoning designation. The project is consistent with the General Plan policies and goals in the Land Use and Housing Elements. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building, or structures; The project would be consistent with the R-3 zone pertaining to density and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. 1 The site is appropriate in size to house the proposed new structures consistent with the R-3 zone specifications. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with all development standards set forth in the LMC. No variances are necessary. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with all development standards set forth in the LMC. Section 2. The Lynwood Planning Commission hereby approves the Conditional Use Permit No. 2007-01, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. Each garage shall have an interior dimension of 20' by 20'. 8. Two guests parking shall be provided measuring 9' by 20'. 9. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 10. Landscaped areas shall consist of a minimum of thirty five (35%) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drive and fences. Landscaping and permanent irrigation systems shall be installed in the front yard setback area in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. 11. A six (6') foot high solid and sight obscuring block fence shall be installed around the perimeter of the property, except within the twenty foot (20') front yard setback area. Front yard fences shall not exceed four feet (4') in height and may be constructed of wrought iron or wrought iron with block pilasters or picket fences constructed of wood synthetic plastic. 12. Prior to the issuance of building permits, the developer shall pay $2.63 per square foot to the Lynwood Unified School District. 13. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 14. The roof shall be constructed with a non-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 15. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of the neighboring residents, in accordance with the City's Noise Ordinance. 3 16. The property owner shall maintain apro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 17. All structures shall consist of neutral or earth tone colors reviewed and approved by the Development Services, Planning Division. Trim and architectural features may consist of bright colors. Samples shall be submitted to the Planning Department prior to the issuance of building permits. 18. All contractors working on the project must have current business license issued by the City of Lynwood. 19. This project is subject to the City of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No 1575. BUILDING AND SAFETY DIVISION 20. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: • The Uniform Building Code-2001 edition; . The Uniform Plumbing Code-2001 edition; • The Uniform Mechanical Code-2001 edition; • The Los Angeles County Fire Code-2001 edition; . The National Electric Code-2004 edition; All as amended by the California Building Code 2001. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provision shall govern. CODE ENFORCEMENT 21. Massive discard items and storage at the rear of the property shall be removed. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 22. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of the grading 4 plan by the city Engineer (see Engineering Division for standard plan requirements). 23. Reconstruct damaged sidewalk, along Euclid Avenue. 24. Reconstruct damaged and substandard drive approach (es), per APWA standards. 25. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6") inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental Services/Engineering Division. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 26. Install one (1) 36" box street tree(s) per APWA standards. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the tress will be determined at the time the permit is issued. 27. Regrade parkway and landscape with grass. 28. Upgrade one (1) existing street light pole (s) to street marbelite pole (s) with light fixture, underground services and conduits. Exact location shall be determined by the City. 29. underground all new utilities 30. A permit from the Engineering Division is required for all off-site improvements. 31. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a license contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1") in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. This area is serviced by Park Water Co. 32. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost 5 estimate to the Department of Environmental Services. Building permits and/or demolition permits shall be not issued until developer/project owner contacts the Department of Environmental Services, Division of Public Works. 33. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067 LOS ANGELES COUNTY FIRE DEPARTMENT 34. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 35. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 36. Where driveways extend further than 150 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure there integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. 37. Private driveways shall be indicated on the final as "Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. 38. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 39. Provide Fire Department or City approved street signs and buildings access numbers prior to occupancy. Comments: The Fire Department recommends DENIAL of this project as presently submitted. This recommendation may be changed to an approval if the following conditions are appropriately addressed:*The proposed driveway shall provide a minimum unobstructed width of 20 feet, Clear to Sky, and a Fire Department approved turnaround (see attached). Indicate compliance on the tentative map and resubmit for review/approval. WATER REQUIREMENTS TO BE DETERMINED UPON APPROVED ACCESS. 6 Section 3. A copy of Resolution 3164 and its conditions shall be delivered to the applicant. APPROVED AIVD ADOPTED this 13th day of January, 2007, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez Chairperson Lynwood Planning Commission APPROVED AS TO FORM: Ronald Wilson, Agency Counsel Planning Commission Counsel 7 AGENDA STEM #9 CUP NO. 2007-02 VAR NO. 2007-01 DATE: February 13, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Conditional Use Permit No. 2007-02 Variance No. 2007-01 3200 Mulford Avenue, Suite 202 Plaza Mexico Shopping Center APPLICANT: Adolph Lopez /Parents Interested in Education (PIE) PROPOSAL: The applicant is requesting approval to establish and operate anon-profit private school to provide tutoring services assisting adults to obtain their high school diploma. In addition, the applicant is requesting approval of a variance to reduce minimum parking requirements to less than one stall per 200 square feet of building area. BACKGROUND: The Plaza Mexico shopping center totals approximately thirty-eight (38) acres in area and is bounded by Imperial Highway to the north, the I-105 Freeway to the south, Long Beach Boulevard to the east and State Street to the west. The property is developed with a two-story multiple tenant retail center and. one and two-story buildings totaling approximately 479,000 square feet in area housing a variety of commercial, retail, restaurant and office uses. The private school would be located within a 1,600 square foot tenant space located at 3200 Mulford Avenue, Suite 202 in the CB-1 (Controlled Business) zone. The building is two-stories in height totaling 12,075 square feet located near Long Beach Boulevard and the Travel Lodge Motel. The floor plan identifies three conference rooms, a lobby, common area and two (2) handicap accessible restrooms. The applicant proposes to install interior partition walls, electrical outlets and plumbing fixtures. No exterior alterations are proposed. H1 W DRDFILE\PLANN ING\STAPP 12PT\pip2007-07.3200nndford.plaznmexicoPllj_doc ANALYSIS & DISCUSSION Lynwood Municipal Code (LMC) Chapter 25.25 sets forth permitted uses, conditionally permitted uses and development standards for commercial districts. LMC Section 25.25.010 (a) states "the Planned Business (CB-1) district provides locations where daytime, service-oriented businesses may be located for the efFcient interaction of complementary service industries. Professional offices, including medical offices and clinics, represent the primary permitted uses. Minor support uses may include small restaurants, cafes, retail shops, and child day-care centers". LMC Appendix A, regulation of uses by zoning districts, identifies "private education institutions" as being permitted in any commercial zone subject to approval of a conditional use permit. LMC Section 25.65, Table 65-1, sets forth parking requirements. Trade School, business school or adult education facilities are required to provide 1 space per 3 students, plus 1 space for each staff member, faculty member and employee. Schools are places of public assembly that have more restrictive parking requirements than commercial, retail or office uses that require one parking stall per 200 square feet of building area. The 1,600 square foot tenant space would require eight parking stalls. The same area could only accommodate twenty-one students and three staff members to satisfy current parking standards. If the school is successful with more than 24 persons in the facility, parking may be deficient. Plaza Mexico is currently parking deficient overall. Pursuant to LMC standards, Plaza Mexico should provide a minimum of 1,950 parking stalls and 1,744 parking stalls are provided leaving a deficiency of 206 stalls. Plaza Mexico parking status is classified as legal nonconforming as when the center was developed the parking requirement was one stall per 400 square feet of building area. The Lynwood Municipal Code allows changes of occupancy with the same or lesser parking requirements (i.e. restaurant for restaurant or retail for retail or restaurant for retail). Whenever a change of occupancy is from a less restrictive to more restrictive land use (i.e. retail to restaurant), either additional parking must be provided or a variance approved. Staff has determined that the proposed land use would provide a valuable service to the community allowing adults to further their education and improve their job marketability by obtaining their high school diplomas. Findings set forth in the LMC to approve the conditional use permit and variance can be made. H'AWORDFILEWI,ANNMG\STAFFRP'I~cup?007-023200nmlford.plazamexicoPl~doc FINDINGS REQUIRED TO APPROVE A CONDITIONAL USE PERi~RIT Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit. Following is a summary of findings in bold followed by staff determinations: A. That the proposed Conditional Use is consistent with the General Plan; The General Plan Land Use Map designation for the subject property is Specific Plan Area that is consistent with the CB-1 zoning designation. The private school is consistent with the General Plan policies and goals set forth in the Land Use and Economic Development Elements. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The private school would be consistent with the commercial and service oriented uses within the Plaza Mexico shopping center, would only require interior alterations, the land use will not significantly impact properties in the vicinity and the public health, safety and welfare would be protected. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The tenant space for the private school totals 1,600 square feet in area and can adequately accommodate classrooms, conference rooms and other space to conduct the tutoring activities. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The private school will comply with all development standards set forth in the Lynwood Municipal Code except parking. A variance is required. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The private school is consistent with the CB-1 zoning that allows professional offices and service oriented establishments. H_AWORDFILE~PLANNINGASTAFPRPllrnpl00]-023200mWPo~d.plaznmexicoPl~doc FYNDINGS REQUIRED TO APPROVE A VARIANCE LMC Section 25.135.060 sets forth six (6) required findings that the Planning Commission must make in order to approve a major variance. Following is a summary of findings in bold followed by staff determinations: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The Plaza Mexico shopping center is an irregular shaped property with a variety of commercial and retail uses. When the project was designed parking requirements were much less restrictive. The property complied at the time of development. Other retail and commercial properties in the area have the same parking deficiency issues based on time of construction. B. That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. Other properties in the vicinity are parking deficient and are allowed to operate land uses that provide services to the general public. C. That the granting of such Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Operation of the private school will not negatively impact properties or businesses in the vicinity as the tenant space is only 1,600 square feet and there is adequate parking near the building and at the rear of the Plaza that is not fully utilized. D. That in granting the Variance, the spirit and intent of this Zoning Code will be observed. The private school is conditionally permitted pursuant to LMC Appendix X. Granting the parking variance is consistent with the intent of Title 25 (Zoning). H:AWORDFILEVPLANNINCASTAFFRPIlcup200]-023200mWford.plazameeicoPl~doc E. That the Variance does not grant special privilege to the applicant. Other properties in the vicinity experience similar parking deficient situations and the granting of the variance would not constitute a special privilege. F. That the Variance request is consistent with the General Plan of the City of Lynwood. Granting the Variance is consistent with the commercial land use designations and the Land Use and Economic Development Elements. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposed modification is categorically exempt from the California Environmental Quality Act (CEQA), of the State Guidelines, as amended pursuant to Section 15301(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 6165 approving Conditional Use Permit No. 2007-02 and adopt Resolution 6166 approving Variance No. 2007-01. Attachments: 1. Project profile 2. Location Map 3. Resolution 3165 (CUP) 4. Resolution 3166 (VAR) 5. Plaza Mexico Parking Statistics 6. Plaza Mexico Parking Locations for Buildings Map 7. Site Plan 8. Floor Plan HIWORDFILEVPLANNWG~STAFFRPT~cup2007A23200mulfo~d.plarimexicoPl~doc PR®~ECT PR®EiLE Conditional Use Permit No. 2007-02 Variance IVo. 2007-01 3200 Mulford Avenue, Suite 202 1 2. 3 4 Source of Authority Lynwood Municipal Code (LMC) Appendix A identifies private education institutions as permitted subject to a Conditional Use Permit; LMC Chapter 25.25 sets forth requirements and development standards in commercial zones; LMC Section 25.130.050 sets forth the findings that must be made by the Planning Commission for approval of a Conditional Use Permit; and LMC Section 25.135.060 sets forth findings that the Planning Commission must made to approve a variance. Property Location and Size The subject property is located on the southeast corner of Imperial Highway and State Street in the CB-1 (Controlled Business) zone. The site totals approximately thirty-eight (38) acres in area and is developed with approximately 479,000 square feet of building area. Existing Land Uses Subject: Shopping Center North: Imperial Highway then Commercial and Fire Station South: I-105 (Century) Freeway East: Commercial (Lynwood Town Center) West: State Street then Manufacturing and Multi-Family Residential Land Use Designations General Plan Subject: Commercial North: Commercial South: Transportation East: Commercial West: Manufacturing Zoning CB-1 (Controlled Business) C-3 (Heavy Commercial) Caltrans CB-1 (Controlled Business) M (Manufacturing) and R-3 (Multiple Family Residential) hI:AWORD~ILLVPLANNING\STAPFRPT~cup2009-023'_OOmulfordplaza~nezicoPl~, doc 5. Site Plan Review The Site Plan Review Committee has reviewed this project and recommended approval. 6. Zoning Enforcement History No open cases at this time. 7. Public Response None of record at the time this report was written. H:AWORDFILE~PLANNINCASTAPFRPTVcup?007-02 ~200mulPOrd.plazame~iwPlF~doc _~' ;.I ~'7 ~~ ,~ ~~ L ~-,-i + ~ ~. -~ ' J i ~ v ~~ ~.~ :_n ~ ~ v `~~t1v~ ~ _~ t ~ ~ ' ~ '', !!! '~'i '~ ~ !~ ~,A.w ~ .,,, l ~ 1j1\ ~~ ~~ ~[ ~ ~A.. ~~~ l s _ ~ ~~ ~~as~~~~ . \~ ~~~ ,q 8 Hb ~~~~ ~~~yy .w ~ 5 ~' p~~ ~ ~- 1 ~/~ As ~~ ~ ~ ~ .Erm ~ ~ ~1[ ~~Y _ ~ ~ ~2 Q 4 ro P7 \ ~~ 1 ~~ ~ ~~ i ~ ~~ ` ~.l ~oP~ _ ~~ ~ 1 n` : i ~~~ i ~ 1 ~~ / _ J ~~ ~ ~ ~ ~_~ Dt ~ ~ _ ~~ ~ - . ~ _ owww case No. Conditional Use Permit 2007-02 & Variance 2007-01 Siie Address:~~n M„1fnrA Avannai Snifia 7n~ Applicant Name: Adolph Lopez (PIE) [ ] 300' or [ ] 500' Radius Map RES®LUTI®R~ 3165 A RESOLUTION OF THE PLANNING COMMISSION OF THE CETY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2007-02, TO OPERATE A PRIVATE SCHOOL OFFERING TUTORING SERVICES FOR ADULTS TO OBTAIN THEIR HIGH SCHOOL DIPLOMA EQUIVALENT ON PROPERTY LOCATED AT 3200 MULFORD AVENUE (PLAZA MEXICO), ASSESSOR PARCEL NUMBER 6171-001 TO 007, IN THE CB-1 (CONTROLLED BUSINESS) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 13, 2007 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(a), therefore; Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Land Use Map Designation for the subject property is Specific Plan Area that is consistent with the CB-1 zoning designation. The private school is consistent with the General Plan policies and goals set forth in the Land Use and Economic Development Elements. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building, or structures; The private school would be consistent with the commercial and service oriented uses within the Plaza Mexico shopping Center, would only require interior alterations, the land use will not significantly impact properties in the vicinity and the public health, safety and welfare would be protected. 1 C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The tenant space for the private school totals 1,600 square feet in area and can adequately accommodate classrooms, conference rooms and other space to conduct the tutoring activities. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The private school will comply with all development standards set forth in the Lynwood Municipal Code except parking. A variance is required. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The private school is consistent with the CB-1 zoning that allows professional offices and service oriented establishments. Section 2. The Lynwood Planning Commission hereby approves Conditional Use Permit No. 2007-02, subject to all conditions, restrictions and limitations set forth as follows: con~naTaonas o~ AP~~ov~-~ DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 2 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans or attached to the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. The private school shall not exceed occupancy capacities set forth by the Los Angeles County Fire Department. 8. The operators of the private school shall keep accurate and current records of all persons attending the facility. 9. All persons offering tutoring services at the private school shall submit copies of qualifications to include but not be limited to high school diploma, college diploma, teaching credentials. 10. The private school shall comply with noise limitations set forth in Lynwood Municipal Code Section 3-12 and shall not impact adjacent businesses. 11. Prior to occupancy, the applicant shall submit to the Development Services Department proof of Fire Department approval either by an approval letter or stamped approved plans. 12. The applicant shall obtain a City of-Lynwood business license and keep such license current and up to date. 13. A parking variance must be granted by the Lynwood Planning Commission otherwise this conditional use permit approval shall be null and void. BUYLDING AND SAFETY DIVISION 14. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: • The Uniform Building Code-2001 edition; • The Uniform Plumbing Code-2001 edition; • The Uniform Mechanical Code-2001 edition; • The Los Angeles County Fire Code-2001 edition; . The National Electric Code-2004 edition; 3 All as amended by the California Building Code 2001. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provision shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 15. The private school shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Land Use Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Section 3. A copy of Resolution 3165 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 13t" day of February, 2007, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Arnoldo Beltran, City Attorney Planning Commission Counsel 4 RESOLUTION 3166 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2007-01, A REQUEST TO REDUCE REQUIRED PARKING TO LESS THAN ONE STALL PER 200 SQUARE FEET OF BUILDING AREA (I.E. EIGHT (8) SPACES TO OPERATE A PRIVATE SCHOOL LOCATED AT 3200 MULFORD AVENUE IN THE CB-1 (CONTROLLED BUSINESS) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6171- 001 THROUGH 007, CYTY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning commission, pursuant to law, on February 13, 2007 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15301(a), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. There are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The Plaza Mexico shopping center is an irregular shaped property with a variety of commercial and retail uses. When the project was designed parking requirements were much less restrictive. The property complied at the time of development. Other retail and commercial properties in the area have the same parking deficiency issues based on time of construction. B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. Other properties in the vicinity are parking deficient and are allowed to operate land uses that provide services to the general public. H:AWOROFILEV'LANNINGU.BSOSVreso31fi69 ^_OOmulfordpic doc C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Operation of the private school will not negatively impact properties or businesses in the vicinity as the tenant space is only 1,600 square feet and there is adequate parking near the building and at the rear of Plaza Mexico that is not fully utilized. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. The private school is conditionally permitted pursuant to LMC Appendix X. Granting the parking variance is consistent with the intent of Title 25 (Zoning). E. The variance will not grant special privilege to the applicant. Other properties in the vicinity experience similar parking deficient situations and the granting of the variance would not constitute a special privilege. F. The variance request is not consistent with the General Plan of the City of Lynwood. Granting the variance is consistent with the commercial land use designations and the Land Use and Economic Development Elements of the General Plan. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2007-01. H\WORDFILEIPLANNIN(YRESOS\mso31663300owlford.ple.dac APPROVED AND ADOPTED this 13~' day of February, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Arnoldo Beltran, City Attorney Planning Commission Counsel H'AN'ORDfILE\PLANNINGiRL'SOSVearo3~fi63~00mulPord_pieAOC 3 ~~r~~,e°3 ~ ~?(~CZ3 (iIJCLUDING LYN64 - „U TO4VNCENTER) Data nrePa~ed: s/o:vw PARKING STALL TABULATION: INLINE BUILDING PARKING IS'I/250. PAD RESTAURAfJ I EUILDINCi PARKING IS 1/700 I PER RFSOLUTION 3005 & PARKING VARIAfJCE IJO. 2004.07. - ~ "" - - --- - `LYNV'~i00D, CALIFORNIA ~ ~~ . ~ ~ - .. P!+EPARED 6Y: DAVID HIDALGO P.6iCHITECTS, INC. - ~ ~- - .. _..... ., _. .. - - - -- I BUILDING/ _ . .. . -.. .. .. : ._"_. ~~SUiTE ~ TENANT CLASSIFICATION -~ - AREA - RATE per CURRENT ORD - - TOTAL STALLS ~' . ... _ ,"__ ",_ _ , " per zoning ordinance GROSS S.F. . _ ~ "~ - - - ~-- A-1 ~ MARKET PLACE ' "' ' . .._ _.. Retatl _, _ -- 735 440' 1/300 s f1 -~ ~ , q.. , 457 _ A-2 'ANNEX BLDG... _ Retell _. ...... _ ." ." . _ .... _. 17468:. _ _ .. ..." .__ _..".. Restaurant _ _2 238a 1/250 sq. R _`^.-_. .._ ._ . """ _ ., 70 , 1/250 sq. ft. .. ' 9 - .... 19706 ... ... A 3 'FOOD 4 LESS ' Grocery + ' 54 744 ." ._.. .. ' 1/300 sq.ft _ ." _ .. .._ _ 782 A 4 RITE AID. _' Retatl 19.749 ~' _. v~sn ~d'i . - . sq. n. 7 1 12.790 0 C1 __.. _. 31,088 . .. . .._..._. .. .._._. ._ "_... Retail .._ "....._ ..,.,..._ Restaurant ' ~~ ..,... 7.5773 .'~~ '8 O6& . .... __ ......, 1/250 sq ft .. ... ~ ~ -_-- ~ ~ ~~ . , __. , , _3 .. ,..._. _, _. Retail ... 5 384;. .. 1/250 sq fL _. _, .._ .,..,. 3 Chinese Restaurant ~ . ~~ 1 6901 1/250 sq ft - _. Office/Denial- `~ `- t 5 5401 1/250 sq ft _ ' _ ". ~.___ .. _. Ball Room `~ , ~" 3 023'. 1/300 sq fL . ,.... -~" '~~ `" { "' _. _ - 1/100 sq ft ; .._. ,_. 3 .... ... 29.282 _., __' ,. Restaurenl_,_.T_ I". 8500 ~ "1/100 sq fE ~~ 'g; Retail Office ~ _ 6,666; 5 476 ~' 1/250 sq ft ~- ~ - ~ 2. _. 1 1 /300 sq tt ...'~.~ ,._,. _ " .__ . ._ . _. ,.. _..,. 1_ 12.142 • ; CENTER . ,- _.. _ .. __ ._. ., .. " ....._ " .. 473,440... .. ..... ._. , . _.,... , ..,. - " ....... ... .. .......__ .,.._ a... 9.03.04 PlazaMex Parking Uptlatetlxls ~)~~~ ~'dX9COi (INCLUDIhfG LYNVu "vD"POWNCENTER) oal6 Preperaa. ~ro:roi PARItING STALL TABULATION: INLINE BUILDING PARKING IS 1/25U PAD REST . AURANT BUILDING PARKING IS il900 _.. _.. PER RESOLUTION 3005Yx PARKING VARIANCE NO. 2004-01. . LYNVJOOD, CALIFORNIA ~ ~~ ~ -' - " '. PREPARED BY: DAVlD HIDALGO ARCHITECTS, INC. ~-- -~ --~ 'BUILDING/-~ - .. , _. ".... ,. .. SUITE TENANT CLASSIFICATION - ~ AREA " RATE per CURRENT ORO.~ .... ... TOTAL STALLS -_..._... ,..Per zornng ortllnance,r .,..-.._GROSS SE. 'NET AREA (Exclutling Staus Mechanical/Elecincal Rooms and Elevator) " ' -- - ~ TOTAL PARKING STALLS REQUIRED FOR ENTIRE-SHOPPING CENTER : ". ._ ... "" e -"" _ .... - , . _ - ". _.. ~ . , 1,950. TOTAL PARKING STALLS PROVIDED FOR ENTIRE SHOPPING CENTER: _ _~_,_ ` "' "" ~" ' "'°~ °µ-°'-- -~~ ~ - _ ,. , _ ._. _ . - ~ ~ 1,744 {-)PARKING STALLS SHORT: ~ -- -- _. _' ~ - ' - .. _ :. . _ _ .. _.. NOTE: ALLOWED 10%` REDUCTIONi ~~ ~ "'- ~~ _ °` ""_ ~ ' -.,-.~- -- .... ..._ ... _ ._ ~ -206/ _ t_ .. ~ 1,950' REQUIRED PER REDUCTION: - "" - - -. ~ ~ _-- .. .... _ _ ... _ ;. . ' _.1,755} TOTAL PROVIDED PARKING STALLS ~~' _ ~'~'" """ ' ""' '"" " """" __„ ..i c ,..__ . _,_. 9.0304 PlazaMex Parking Upaa~etl.xls -~, 1 ~ ~ d i ~ ~ ;' ~ ~~ r~, ~e; ~~~a~ ,. ~ ~r~ __ -~=_-_- ~._ _sa.-_ _ ~~' .per ~_ ""_ ,c ~ -' g'aa 'xa~~m .~ ~- 6a °„\ 3 FOOD 41-EGS BXISYIN -1 <h o* 54l ~ - ~f,,,c5 ~IS~ .~-~ V ~ '~ ~~~~ d F,3s„~o ~~ s. i, P'4 EX SYINO_ !"1149 SY. ~ o~~ ~~ ~\\\C~ / an sm¢. x.L~ /. 11 , n y s~ i 1~1 0 , ,1 i yl^'.. iu p SPNBORN AvF 8 ~ 1 ' \ S 1 \ 1 N\nJH .1 ~ 1 2/$ Q ~,~,„,a w 1 1 1 t t o It \1 1 1 _ 1 0 11 1 1 11 ~ 7 7, bA 5F' ~ 1 0 1 1 ~ ~U.S \ 1 1 1 1 1 1 ` 1 1 1 1 • 1 ~ 1 1 __ ~ M~ \ 11 ,. 1 ~ 1 M 1 1 1 0 1 1 1 1 ~`\ ~ I \` 0 „EE, ,r„1 FF1 .a_ -_ SITE PLAN, PARKING STUDY - lsau cas 9aio a aca ewe 1 re L. , ° _ nacieima naianis. ca 9nas _____ 62fi 93 ).6505 law 626.93J.6511 „""" BUILDING N-6 D_ ~ O .__ - a, c x n o i o a. ~ a 1 LYNWOOD TOWN CENTER uu N.T.S. „o. 04003.70 0.,< 4-2-04 AGENDA ITEM #10 PACER DI5TRIBUTION SERVICES DATE: February 13, 2007 TO: Honorable Chair and Members of the Planning Commission FROWI: Grant Taylor, Director of Development Services SUBJECT: Status of Pacer Distribution Services 2700 Imperial Highway Puruose For the Planning Commission to review the status of Pacer Distribution Services relevant to the mitigation plan to address impacts on neighboring residential properties. Background At the Planning Commission meeting in March 2006 a Lynwood resident addressed the Commission and expressed concerns regarding Pacer Distribution Services located at 2700 Imperial Highway. The resident stated the business is placing storage containers in the parking areas next to his home, they work late evenings and early mornings, generate loud noise, and generates fumes that impact the quality of life for neighboring residential properties. The Planning Commission directed staff to research records and bring back a status of zoning entitlements and conditions of approval. On April 11, 2006 the Planning Commission reviewed Site Plan Review No. 98-07 that granted approval to construct a 325,000 square foot industrial building and a warehouse/distribution center to operate. The Planning Commission requested that staff work with the business owners and operators to address and mitigate impacts on adjacent residential properties. On January 9, 2007 the Planning Commission reviewed the Pacer business operations, impacts on adjacent properties, accepted public testimony and directed staff to bring back a status report in 30 days and a final report with recommendations in 60 days. Discussion & Analysis Pacer Distribution is located at 2700 Imperial Highway in the M (Manufacturing) zone and is classified as a warehouse/distribution center. A primary concern of staff and the Planning Commission is protecting the health, safety and welfare of residential areas adjacent to the east property line of the business on Redwood Avenue, Plum Street, Pear Street, Flower Street and Bellinger Street. Staff has spoken with Pacer personnel and inspected the site on several occasions. Noise readings have indicated that Pacer has exceeded the maximum 75 dba noise level on some readings and is in compliance on other readings. At the Planning Commission meeting Pacer personnel submitted a mitigation plan with measures to include: • Not store, load or unload trucks or trailers near residential properties; • Not store, load or unload trucks or trailers and create excessive noise between 10:00 pm and 7:00 am; • Notify employees, customers and vendors to show consideration to the residential properties; • Consider erecting a solid block wall along the residential property lines to mitigate noise and visual impacts. Since the last meeting, staff has monitored the property for compliance with the mitigation plan. Noise readings have varied significantly depending on the business activities. When there was no activity the decibel readings were 60. When trucks were driving through the decibel readings were 75. When the driver was dropping off the trailers the decibel readings were 90. The Lynwood Municipal Code requires that decibel levels do not exceed 75 in M (Manufacturing) zones. Staff has observed that trailers have consistently not been stored adjacent to the residential property lines. However, trailers are still stored against the building and the area near the residences is used for vehicle access. Staff spoke with the neighbor. at 11441 Plum Street who said the noise and operations have improved but are still bothersome. On January 26, 2007 staff inspected the facility with the Pacer Vice President to observe truck locations, observe mitigation measures and discuss measures Pacer has taken with their staff and vendors to reduce impacts on adjacent properties. , Pacer submitted a status of the mitigation plan (attached) to staff that identified the company has implemented the following measures: Discontinued spotting of containers against the fence, near residential area; and • Held training classes both with floor operations and yard drivers on reducing noise; and Eliminate container flow into facility after 11:00 pm and resume inflow at 6:00 am; and o Loaded trailers to be staged on north side of building for night pick up to eliminate traffic/noise through east side (residential side); and Continue with efforts to secure land lease under the 105 freeway to reduce traffic within the yard; and • "Quiet Zone" signs have been affixed along the east side fence. Staff has observed significant efforts and improvements from Pacer. Staff expects to see continued improvements, compliance with code requirements and impacts on neighboring properties significantly reduced. Staff will continue to monitor the business operations and mitigation measures and bring back a final report with recommendations at the next meeting on March 13, 2007. Recommendation Staff recommends that the Planning Commission review and discuss the mitigation plan and continue the item for thirty (30) days. Attachments: Location Maps (3) Pacer Mitigation Measures Status Pacer Mitigation Plan Letter dated 1/3/07 Letter dated 11/7/06 ~` -~ ~~, /J ''~] ` pi l ~ ! ~ STgTE ~ ~ VV ;~~ i' ~~ 1 f ~ J.~ ,~ ~~~ 6171/ /~ t ~ di LL O / ° yR 5 ~ . 7 T _ a M y ~ ~ 16 '`r-__~J ! ~ ~ ~ w ~ ~~ ~ STIdER ~7f` 1 (7 ~ v ST VAC ~d~~5''LN ~~,\ `/~~ ~ E LIN -R 14 ST JJ ~\` ' h ~. \\~.iJ r" Y R ~ ~ ~i VACS VAC {~. 1 ~`~ / `~' ~ '~ ~\~ iii (~o ~ r3 ri I ~~ i; ~ , ~ _ ~ r -~9 //J l l J ) ~`_ ~J ~r2) G ~ ' G~' ~ - ~~ ~ (32 g ~ ~ ~~~ ~ ~ ~ } ;~--~ ~ BK ~ ro _T_ '~~!-_ _ _r~`~ ~ ~~ ~' a 6150 ~ 4 ,~ - _ - ~ _' s RE4L IGNEp 14PERIpL NWY. _ 8 a ~ m ~~ n. $~ rie ffi\~ ~ ~ R _' p - ,e ~ s m~ m@ 0 `•~ ~ z p° i ,~ y ` ~ ~-~` ~ 'ham ~~ m ~ • ~ ~j.~ LMOSGPf , \ •.P .ro ifM.lxe ~ ~' ~ ` ~ fe, .~ ° o o ~~•~ O ~ \ ~ ~Oj ~ ~ I..rosc.oE 3.: ~. =uo iudixc ~:~ ~ ~ t _ ~ <.e~ W gQq~ a oir¢fs` °°'~ 3 u Q S N } ~ S~ ~ Pa[ER aaClLl Tr a a xEV. of - 09ir./06 - Exixixff 1E.R EExi .re 4t D11ExelOxi YN IN iff! U¢ESS 0}XfxxlY $frD.rl CALTRANS R/R M1o~ $ 4ry ^ O .^ ~_ ~,. e W / p~'~r .~ ~ / ~ ~ 4 D~ p i V o rm TOp StuE ~~~ Al.AtrAEDA SBR~~`~ 9ip6'v698~?( ©R ao ca-aa®ro ~~ ~s~~~ 08:34:36 Ir I ~L;- I ~~ ~~ IT -__ -~ j .'' IJLj I !_ ~ I ~..' ~~ %~ - -_ __ I /^/V c. ~._ \:J J~~ ~._. ~/ ~~ / ~~ /i -~///~ / -_ ____ ~ ~~ ~ . ~ ~ ~ Yew ~ ~ ~ ~. 1++ ~' DISTR~UTION ~~~ SERVICES, INC. January 8, 2007 ~ ~v DISTRIBUTION 1'~t1a SERVICES, INC. www•pacerdistribution.com ~~~~SER ~ES,INC. ww+N•pacerdistribution.com ~~ ~ u ti VdJ o o n ° Discuss Pacer Facility ° Discuss Pacer Challenges ° Discuss Solution lL.~SER RCESTINC. Wvvw•Pacerdistribution.com pacer truly cares about our community and wants to be a good neighbor. pacer supports the community and currently provides opportunities for local area residents with employment of between 50-100 employees. ~~ SERVICESTINC. www.pacerdistribution.com ~~~° ~~~~ ocean Container release flow changed over the last year to primarily night releases due to surcharges imposed by the harbor (called Pier Pass). This has changed the flow of activity into the facility. ® Primary inbound traffic changed from primarily day shift operation to night operation. Pacer has attempted to get city and Cal Trans support for the past 3 years on expanding yard by obtaining access and permits~~to land under the 1.05 freeway with no success. Complaints from residential properties regarding noise. ~;~ SERVIC~F,USTINC www.pacerdistribution.com Discontinue spotting of containers against fence, near residential area. Move 2~'a shift ®peration away from residential area to minimize noise in residential zone at night. e Eliminate container flow into facility after 11:00 PM. Resume inflow at 6:00 AM. ® Loaded. trailers to be staged on North side of building for night pick up to eliminate traffic/noise through East side (residential side). Approach owner of building to look at possibility to build a sound wall on East side of building. ® ~Zequest City's assistance/sponsorship on getting expanded parking under the 105 freeway to move the work area generating the noise to an area much further from the residential housing. d°Z1~1L~ SERVI~CESTINC. www•pacerdistribution.com ~~ ~~~~o Pacer truly cares about our community and wants to be a good neighbor. 1V~easures are already in place for noise reduction AA DISTRIBUTION www,pacerdistribution.com °~ L'i1~~~ SERVICES, INC. ~~~~~ ~~~~0~~~ z~ A~ y ~o z -b a N i c c .. 0 3 n O 3 N k--I v O O m v a ~~ ~ v~ _ (°~ n r 0 Q. n D CO N rn N D N fD v rn m m m v m Q 0 3 m CD ~~ m ~C~' ~ Safety Meeting Distribution Services, Inc. Prepared by: Date: J ~26 - d Presented by: (~ Location: Lynwood TOpiCS: Noise abatement during work hours from 2300 to 0700. No truck traffic on the east and southeast side of the building after 2300 hours. Other related noise control subjects. No equipment parked along east sitle fenceline. Comments: Attendees Nam 'nature Name Signature 1 O = ~? 3 4 i 5 .ilvl ~~ ~,_ 8 7 8 9 10 11 12 13 14 15 18 17 18 19 20 ,~~~~E Distribution Services, Inc: Safety 6l~eeting ,x rr: h z r Prepared by: Javier Angeles 1/26/2007 Martin Flores Location: -'` Lynwood Toptcs ~ ~': Dock plates must be properly placed upon completing a trailer . , . No dock plate is to be left on a trailer to prevent the plate from slamming . . . , ri~ .. _ ~ .. . <,. r~ ~ ,•-- ~~ffiTagf f ~ .,~ ~' a~s-r _ . ~ ~ ~ .~' i -y~'. ~y, .` ~, ~ r ~ r~ '. i .. ,. .: Comments > ~. _ F ~~ Attendees Name Si nature'a .Name .Signature ~' fc- 3 ~~ ~ Q 5 0 `c a 6 (? v 7 ,..,, 'a' ' ~ ,.tom 9 ~~ 11 U 2 / / ///il 12 13 14 15 16 17 18 19 20 Safety Meeting Form DISTRIBUTION ~.• ~~~ SERVICES, INC. ~~((''vv DISTRIBUTION www.pacerdistribution.com ` ~~l,i~~ SERVICES, INC. J~drruary 3, 2007 r- ~ lr i ti ~~,~ " C F V i i i e . , -~s I I L~ ~ e r_ ~ a_3 ! __ - ti i v; g'i i9+i`ID'?Ly v.=':1 li-l)"li~;l,=', i'i7.J~_ Kent Prokop, President Pacer Distribution Services, Inc. 9350 South Rayo Avenue South Gate, CA 90280 RE: Pacer Distribution Services, Inc. 2700 Imperial Highway, Lynwood Dear Mr. Prokop: In response to citizen complaints, the City has performed inspections and noise readings at the above-identified properties. On November 7, 2007 City staff forwarded a letter (attached) requesting that Pacer Distribution Services Inc., comply with Site Plan Review No. 98-07 regarding outside storage and that the business should make every effort to keep mitigate noise, and kept business operations and vehicles away from residential properties adjacent to the east property line. The City continues to receive complaints for residential properties. City staff has consistently observed truck trailers stored near the residential property lines. A number of noise readings have been taken that exceed the maximum decibel level of 75 dba on a regular basis. Please be reminded that Pacer Distribution received approval from the Lynwood Site Plan Review Committee on August 26; 1998 pursuant to Site Plan Review No. 98-07 that allowed construction of a 325,000 square foot industrial building and operation of a distribution facility. Condition #9 states "there shall be no outdoor storage of materials or equipment of any kind once the Notice of Completion is issued". Jose Tobias contacted staff in response to the November 7, 2006 letter. Mr. Tobias informed staff efforts would be made to reduce hours of operation, reduce noise and keep trailers away from residential properties. Mr. Tobias also promised a letter to the City that would summarize Pacer Distribution Services efforts to mitigate impacts. From the ongoing complaints and staff observations, it is evident measures to mitigate impacts has not been performed or maintained. The City supports businesses and understands the need to perform tasks to provide services and goods to consumers. However, the Lynwood Municipal Code and Site Plan Review No. 98-07 set forth development standards co protect the health, safety and welfare or persons working and living in the vicinity. H.AWllgppLG1PLANCII[dGkSTAFFCLYT~Itr.^79GUnper~l ~~isa'_ndlemr_13_OZdd ~~® ~~~ee~a~~ @~wyo ~~~war~ ~® Z~~~ ~~ge 2 Please take t°rie following actions to mitigate impacts ors adjaeer~t residential properties: a Do not store, load or unload truck trailers near residential properties; a Do not store, load, unload trucks or trailers and create excessive noise between 10:00 pm and 7:00 am; ® Notify employees, customers and vendors to show consideration to the residential properties; o Consider erecting a solid block wall along the residential property lines to mitigate noise and visual impacts. Failure to comply with the Lynwood Municipal Code and Site Plan Review No. 98-07 may result in the matter being referred to the City Prosecutor for legal action. This matter has been scheduled for review and recommendations by the Lynwood Planning Commission on January 9, 2007 at 6:30 p.m. in the City Council Chambers, 11330 Bullis Road, Lynwood, CA 90262. Thank you for your consideration and please call me at (310) 603-0220, Extension 32b as soon as possible to discuss this matter. Sincerely, r r'~~~ ~~ Grant Taylor,'°Director Development Services Department City of Lynwood cc: N. Enrique Martinez, City Manager Jonathan Colin, Development Services Manager Deborah Jackson, Quality of Life Director Jose Tobias, Pacer Vice President H'\0.~ORDFLi F.~PLF,NNLNGASTgFFP.P'[111r,'_]OOimp~i4lnoise.'_ndleY~r_I-i-OZdey fdovcrnb2r 7, 2006 ~. L:~i i~he?iOLJ!:,, C.4LIFG~~i iL? ~'{±~ 32 (sii~> eo:~ c~_>zi~ Kent Prokop, President Pacer Distribution Services, Tnc, 9350 South Rayo Avenue South Gate, CA 90280 RE: Pacer Distribution Services, Inc. 2700 Imperial Highway, Lynwood Dear Mr. Prokop: The City of Lynwood has received complaints from neighboring residential properties regarding excessive noise and around the clock business operations. Pacer received approval from the Lynwood Site Plan Review Committee on August 26, 1998 pursuant to Site Plan Review No. 98-07 that allowed construction of a 325,000 square foot industrial building and operation of a distribution facility. Condition ~9 states "there shall be no outdoor storage of materials or equipment of any kind once the Notice of Completion is issued". The City understands that the property is within a Manufacturing zone and the truck trailers are part of business operations, however, the health and welfare of residents is of paramount concern. Please make every effort to keep noise, operations, and storage of vehicles away from residential properties located on the east side of the property. Thank you for your consideration and if you have any questions or concerns please feel free to call me at (310) 603-0220, Extension 326. Sincerely, j, Grant Taylor, Director Development Services Department City of Lynwood cc: N. Enrique Martinez, City Manager Jonathan Colin, Development Services Manager Deborah Jackson, Quality of Life Director lose Tobias, Pacer Vice President H:1WntUJP~~ EPLPS1NIDif}`9iAFb^ ~T~Itr ~700in~pan~Lpzrer naue.l 1-7-0c dxi